What is the effect of the adverse inference drawn by the trial judge for drawing an adverse inference?
Canada (Federal), Canada
The following excerpt is from South Yukon Forest Corporation v. Canada, 2010 FC 495 (CanLII):
In addition to the reasons of the trial judge for drawing an adverse inference, which I think are sufficient on their own, it is noteworthy that the appellants refused to disclose their witnesses in advance of trial. As the creation date of September 1988 was pleaded by the appellants, and the respondent in its statement of defence put the appellants to the strict proof thereof, it was reasonable for the respondent to expect that the appellants would lead evidence on the point. In these circumstances, it is no answer for the appellants to say that the witness was equally available to the respondent. Nor is it an adequate excuse that the witness was outside the jurisdiction. See Lévesque v. Comeau et al. [see footnote 9]
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